Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-- --S. 25-A (5)--West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968), S. 15(3) (e)--Words "just and proper" used in S. 25-A (5) of Industrial Relations Ordinance, 1969 a check against arbitrary or erroneous dismissals particularly when it is emphasised that Labour Laws to be construed liberally for benefit of workmen--Petitioner remaining absent for 17 days and 8 days in two consecutive months -Dismissed from service on charge of absence from duty--Absence due to serious illness of father with none else to attend and explanation for leave otherwise due supported by medical certificate--Service record brilliant--Labour Court in circumstances setting aside impugned dismissal order awarding reinstatement without back benefits--Held: (i) Conclusion drawn on facts regarding misconduct of absence was not just appreciation of principles of natural justice, (ii) it is for Labour Court to see in each case on its merits whether absence was intentional, (iii) absence in instant case was for circumstances beyond control of petitioner and was not motivated by dishonest intention with unpleasant service record hence dismissal order not just and proper on basis of rules of natural justice. Ch. Rashid Ahmed for Applicant. Kamal Mansur Alam for Respondent, DECISION This is an application filed by Rafiq Ahmed Jokhio, against Pakistan Steel Mills, under section 25-A of the Industrial Relations Ordinance, 1969, challenging the impugned order of dismissal, on the ground, that his dismissal was not in accordance with law or appreciation of the factual niceties. 2. Applicant claims to be in employment of the Pakistan Steel Mills, since 1974, as the Coke Pusher Operator, which was his first designation and thereafter, training abroad in the same trade. He also worked at Construction Base, with the best performance and his services were appreciated by the foreign Experts and the local officers. 3. When the show-cause notice was served, complaining of 17 days' absence in July, 1981, and 8 days in August, 1981, the petitioner submitted the circumstances which prevented the petitioner from attending the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492